James B. Clark v. State Delaware

BERGER, Justice: In this appeal, we consider the January 5, 1995, sentence of death imposed by the Superior Court on Defendant Below -- Appellant James B. Clark, Jr. (""Clark"") for the first degree murder of Clark's adoptive parents, James B. Clark, Sr. (""James"") and Elizabeth C. Clark (""Elizabeth""). Clark has not pursued a direct appeal, as it is his expressed desire to be executed. However, an automatic appeal was docketed pursuant to 11 Del.C. § 4209(g). Clark's counsel argues that the sentence should be set aside on the following grounds: (i) the Superior Court failed to give appropriate consideration to Clark's early release from prison; (ii) the Superior Court placed undue emphasis on a crime Clark committed 21 years prior to the murders; and (iii) Clark's sentence is not proportional to the sentences imposed for similar crimes. After reviewing the record and considering counsel's arguments, we find no error and, therefore, we affirm the sentence imposed by the Superior Court.